A Study On The Problem Of Illegal Possession Of Property Of The Deceased

There are three main cases of illegal possession of the property of the deceased: the actor takes property after killing for the purpose of illegal possession,the actor has a temporary idea to illegally possess the property of the deceased after killing,and the unrelated third party illegally possesses the property of the deceased.And in these three cases,the most intense debate is the second,third case of the actor and the unrelated third person what crime.In this regard,in Japan,some scholars advocate the crime of larceny based on the overall investigation,and some scholars advocate the crime of breaking away from the possession.In Taiwan,some scholars believe that the nature of the illegal possession of the property of the deceased should be determined according to the existence of heirs or other owners of the right.The issue of illegal possession of the property of the deceased in mainland China has also been addressed in the works of some scholars.Generally speaking,the theories of larceny,embezzlement,possession,robbery,and dichotomy are all based on the illegal possession of the property of the deceased.Therefore,the study of the illegal possession of the dead property problem in theory and practice are of great significance.Through literature collection,comparative analysis and other methods,on the basis of the definition of possession in criminal law,comparative analysis of different theories,and finally formed the view of this paper.The text consists of four parts,a total of about 30,000 words,the specific content is as follows:The first part is an overview of the illegal possession of the deceased's property.The scope of property in the criminal law is extensive.Based on the theme of the article,the property of the deceased is limited to a specific range that can be carried by the person without causing ambiguity.By analyzing three kinds of cases of illegally possessing the property of the deceased,the focus of the dispute is the understanding of possession in criminal law.Then it analyzes the definition of possession in criminal law and civil law,and forms a conclusion after comparative analysis,which lays a foundation for the following text.The second part is to sort out and analyze the theory of illegal possession of the property of the deceased.In this part,the author sorts out the foreign theoretical views on illegal possession of the property of the deceased,analyzes the advantages and disadvantages ofvarious theoretical views combined with the understanding of criminal law possession,and briefly expounds the views.The third part is the viewpoint elaboration of this paper and the application of the viewpoint in some special cases.Based on the analysis of the above theoretical point of view,it is clear that there are two kinds of possession of property after death,one is the heir possession or the administrator possession,the other is to become out of possession.Then on the basis of the conclusion,this paper analyzes the influence of the place,time,illegal property and other special circumstances on the state of possession of the deceased property and whether this view is valid or not.The fourth part is about breaking away from the crime of possession and misappropriation.Through comparative analysis of Japan and Taiwan area for possession from the regulation of embezzlement,to set up the crime of possession from occupation in our criminal law provides some Suggestions on legislation.